The Mobility Package is a package of European Union (EU) legislation to regulate commercial road transport activities in Europe. The mobility package envisages changes in three important areas. Key facts:
- “Market access” means the operation of a transport undertaking in accordance with EU rules
- Drivers’ working time and the issue of tachographs
- Changes to drivers’ secondments and minimum wages
The EU Mobility Package Regulation introduces changes that could have a significant impact on the Lithuanian transport sector. The changes that have entered into force will have a direct impact on increasing costs for companies and reducing the competitiveness of Lithuanian transport companies in the EU countries.
The provisions of the mobility package entered into force in 2021
Amendments from 20 August 2021 (20-day transition period, amendments to Regulation 561/2006)
1. Mandatory return of drivers to the company’s activity center (base) or driver’s residence every 4 weeks
– return for at least 45 hours. for rest
– 2 consecutive short-term weekly rest periods abroad – a requirement to return to one of the employer’s activity centers (base) or to one’s place of residence before the next weekly rest period.
2. Tightening of the reduced weekly rest rules.
The driver of a multinational company may take two reduced weekly rest periods in a row (2×24 hours) if:
– Started two shortened weekly holidays abroad
– There were two regular and two shortened weekly breaks during the four weeks
– After two reduced weekly breaks, the next rest should be a normal regular period, preceded by compensation for the two previous shortages at the company’s base or place of residence (return must be documented).
3. Weekly rest in vehicles shall be prohibited
– The ban applies to regular rest periods of more than 45 hours.
– an additional assumption that 45 hours. the rest is carried out in a favorable place where all sanitary and sleeping conditions are adequate.
4. Possibility to extend daily and weekly work for no more than 2 hours. returning to the company’s base or place of residence for weekly rest.
– it is necessary to document the deviation from the provisions, as marked in Art. 12/561/2006 (additional paragraph 12)
– extension of the driving period by 2 hours, only if the driver does 30 minutes before this period. an additional break and return to normal rest for 45 hours.
– an obligation to compensate for this time at any other rest period within 3 weeks
5. Other important changes:
– Possibility to interrupt the weekly rest on the ferry – 24 hours. and 45 p.m. (additional conditions apply)
– additional exemptions under 561/2006 for vehicles transporting concrete, for example
– other changes, such as the introduction of breaks and rest in the crew
Mobility package – what awaits us in 2022?
Changes to the mobility package from February 2022 (18-month adaptation period)
1. Business trips
A. Exclusion from missions:
– bilateral transport (from / to LT) and two additional operations
B. Inclusion in missions:
– cross-trade – for example, transportation is performed on the route from Germany to France by a carrier registered in Lithuania.
C. Simplification of responsibilities
– no need to appoint a representative
– English translation of documents only
– electronic documentation
D. Difficulties / Obstacles:
– use of collective agreements (increased wage costs and accounting difficulties)
– Recalculation of daily allowances and lump sums Amounts of mission allowances may not be included in the minimum wage)
– the possibility of losing reputation due to non-compliance with the guidelines
We should be aware that after the entry into force of the regulation on the mobility package in February 2022, the cost of maintaining an international driver will increase. Transport companies will have to calculate exactly how much they will have to pay the driver after the entry into force of the mobility package regulation. It is worth remembering that failure to comply with the obligations will result not only in fines, but also in the loss of good repute and even the suspension of the transport license .
The following are examples:
Example 1: A driver transports goods in France from point A to point B (cabotage). In this case, he is subject to the new rules and his salary must be higher than or equal to that of the French driver .
Example 2: A driver carries goods from Germany to France (Cross trade). In this case, the new rules apply and his salary must be higher than or equal to that of the German driver for part of the hours worked in Germany and to the French driver for part of the hours worked in France.
Note! One of the most important changes for carriers in 2022: it is forbidden to include in the remuneration for work abroad (for business trips) consisting of per diems or accommodation expenses. Today, the amounts payable in Lithuania are about 50%, in Poland from 50% to 75% of the driver’s net monthly salary.
2. “Market access”
(A) Return of each vehicle to the country of establishment of the establishment at least once every 8 weeks
– Existing rules remain in force (3 operations in 7 days for international transport)
– an additional break of 4 days between cabotage, for the same vehicle, depending on the country
3. Easier control
Commitment to enter the country at the EU border crossing the tachograph: analogue tachographs from 20 August 2020, digital ones from May 2023.
Changes to the mobility package from May 2022 (21-month adaptation period)
1. For trucks from 2.5 t. international freight and cabotage
(a) 21 months after the publication of the rules:
– in the case of commercial transport , be qualified as a road transport operator and be licensed
– Financial security requirement: EUR 1,800 for the first vehicle and EUR 900 for each subsequent vehicle
(b) from 1 July 2026:
– a commitment to comply with all guidelines 561/2006 / WE
– Requirement to install and use tachographs (from July 2026)
2. Requirement to update tachographs
a) Introduction of new additional functions in tachographs:
– automatic registration at the border
– registration of loading / unloading points
– registration of the mode of transport (freight or people)
(b) Mandatory replacement of second generation smart tachographs in international transport. (2-4 years)
The threat of the mobility package
The legislation of the mobility package poses a significant threat to many carriers of the Baltic States, as soon, in 2022, it may become clear that the competitive prices available to carriers will dissolve (will not maintain the current price level). Depending on the type of transport performed, the costs for carriers will increase from 20 to 100%. Why? Due to the return of the lorries to the company’s base of establishment in the country of establishment, the costs of the transport company increase (an additional 1,600 km are passed through Poland alone). Although Lithuanian carriers have found a solution: massive establishment of transport companies in the territory of Poland, BUT if the driver earns about 1,520 EUR gross in the company currently established in Poland – the salary base is 780 EUR gross, and the rest is tax-free lump sum, it is the driver’s job costs about 1,890 EUR. After the entry into force of the provisions of the 2022 Mobility Package , assuming that the driver of a Polish carrier travels more abroad, the driver’s workplace may increase to as much as EUR 3,050 (up to a 60% increase in costs under one provision of the Mobility Package legislation).